Provisional Translation

OTO No. 510 Classification MHW-227
Date of Acceptance January 27, 1994 Ministry/Agency Receiving Complaint Economic Planning Agency
Responsible Ministries Ministry of Health and Welfare Related Laws Food Sanitation Law
Ministerial Ordinance on Ingredient Specifications for Milk and Dairy Products
Complainant Domestic firm Exporting Countries USA
Subject Approval for use of dairy product packaging pertaining to imports of transport containers for liquids
Details of Measures 1. Only packaging which meets the ministerial ordinances on ingredient specifications for milk and dairy products, based on the Food Sanitation Law, may be used for the sale of milk and dairy products. When packaging which does not conform to the above-mentioned ordinances is used, the user must obtain approval from the minister for Health and Welfare. After studying the content of the application, based on data showing safety and necessity, the minister for Health and Welfare approves use if the packaging is equivalent to that specified in the ordinances and the Food Sanitation Law.
The ministerial ordinances allow the use of polyethylene packaging for milk or milk products, but the packaging using linear low-density polyethylene (LLDPE) in this complaint is a copolymer of ethylene and alpha olefin. Since this substance differs from polyethylene, it is not the same as the polyethylene packaging mentioned in the ordinances.
Accordingly, the complainant must apply to the minister for Health and Welfare for approval to use LLDEP packaging, attaching relevant documents to the application.
2. Based on the point argued in this complaint regarding multi-layered packaging of unitary construction and which is impossible to separate, the ministry has informed the complainant that it will direct testing organizations designated by the ministry to conduct strength tests on all layers of the packaging together.
Classification of Processing 1. Cc
2. A
Directions IV
Remarks 2. Improvement measures were taken in August 1994.

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